Legal Question in Credit and Debt Law in New York

old debt not discharged in bankruptcy

My fiance filed chapter 7 in 1994 and a certain creditor filed a summons to be excluded from the bankruptcy. Since he unfortunately did this without a lawyer he never responded and the debt was not included. The debt went to the lawyers in 1995. He never heard from them, then in 2000 they garnished his wages but he left that job and is self employed now. Recently he got a letter saying that they are attempting to freeze his old checking account. He hasn't heard from them as far as a request for the money since 2000. Is this past the SOL? Can they still collect? What should he do, wait for them to ask for the money?


Asked on 7/10/03, 10:43 pm

2 Answers from Attorneys
Neil Colmenares The Law Office of Neil E. Colmenares, P.C.

Re: old debt not discharged in bankruptcy

I would need to requistion the bankruptcy file to adequately advise you. Please call my office at 718-888-3108 to schedule a consultation.

Very truly yours,

Neil E. Colmenares, Esq.

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Answered on 7/11/03, 9:17 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: old debt not discharged in bankruptcy

Your husband has several options: fight the debt because it is past the 'statute of limitations'(which he will lose), file for bankruptcy again (the 7 years have passed), or re-open the old bankruptcy to try and include this debt (the best choice). There are time limits on this last choice as well, but a well-written petition to the court may be successful. You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 7/12/03, 3:29 pm


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